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November-December, 2010 Vol. 100 No. 6 Back to TMR Main Page
 
Amicus Brief of the International Trademark Association in Tiffany (NJ), Inc. v. eBay, Inc.
 
 
In a brief filed with the U.S. Supreme Court on October 20, 2010, INTA urged the Court to grant certiorari in order to provide clarity on the standard for imposition of contributory trademark liability on the operator of an online marketplace for the sale, by third parties, of counterfeit and infringing merchandise. INTA urged the Supreme Court to hear the case on the merits to resolve a split in authority between the Second Circuit (which held that knowledge of specific infringing listings is required) and the Ninth Circuit (which previously had held that generalized knowledge of infringing activity at a flea market suffices) and provide uniform, national standards to govern trademark law in this increasingly vital sector of the economy.
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